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subcontractors and their employees and agents, but only to the extent that the same is actually' <br /> covered and paid under the foregoing policies of insurance. If CLIENT requires increased insurance <br /> coverage;CONSULTANT will, if specifically directed by CLIENT, secure additional insurance obtained <br /> at CLIENT'S expense. <br /> CLIENT agrees CONSULTANTS aggregate liability to CLIENT and all construction and professional <br /> contractors and subcontractors employed directly or indirectly by CLIENT on the Project, due to or <br /> arising from CONSULTANTS services under this Agreement or because of the relation hereby of <br /> CONSULTANT, its agents, employees or subcontractors, or otherwise, is and shall be limited to <br /> CONSULTANT'S total fees under this Agreement or 550,000.00_ whichever-is greater. In no event <br /> shall CONSULTANT-be liable for any-indirect, special of consequential loss.or damage arising out of <br /> the services hereunder including, but not limited to, loss of use, loss of profit, or business interruption <br /> whether caused by the negligence of CONSULTANT or otherwise. <br /> CLIENT agrees that_CONSULTANT shall.have no liability to CLIENT, or to any person or entity <br /> employed directly or indirectly by CLIENT jn the project for damages of any kind from services <br /> rendered by CONSULTANT relating to the testing for, monitoring, cleaning up, removing, containing, <br /> treating, detoxifying or neutralizing of pollutants, whether or not, caused by the negligence of <br /> CONSULTANT. <br /> G: Litigation: <br /> In the event litigation in any way related to the services performed hereunder is initiated between <br /> CONSULTANT and CLIENT, the non-prevailing party shall reimburse the prevailing party for all of its <br /> reasonable attorneys fees and costs related to said litigation. <br /> V. CUENT'S OBLIGATIONS <br /> CLIENT shall provide CONSULTANT with all data, studies, surveys, plats and all other pertinent <br /> information concerning the Project. CLIENT shall designate a person to act with authority on CLIENTS <br /> behafl with respect to all aspects of the Project. CLIENT shall be responsiole for all processing fees or <br /> -assessments 'required for the coinpletion of:the Project. CLIENT shall provide CONSULTANT access to <br /> the Project site.at reasonable tirrtes'upon reasonable notice. <br /> VI. GENERAL PROVISIONS <br /> A. Persons Bound by Agreement: <br /> The persons'bound by this Agreement are CONSULTANT and CLIENT and their respective partners, <br /> successors, heirs, executors, administrators, assigns and other legal representatives: This Agreement <br /> -and any interest associated with this Agreement may not be assigned, sublet cif.tFansferred by either <br /> .party without the. prior written consent of the other party, such consent not to be unreasonably <br /> withheld. Nothing contained herein shall be construed to prevent CQt`SULTAN T i bm enip!oying such <br /> . Professional Services Agreement <br /> Project Name: Utility Uriderarounding Consulting <br /> Project Location:Sunny lies Beach,FL <br /> •KEITH and SCHINARS, P.A. • •K&SjPr000sal No.:°5o98.M1< • <br /> C ENGINEERS,PLANNERS, SURVEYORS Reused i eorua y x,.2013 Pace 10 <br />